[Federal Register Volume 72, Number 10 (Wednesday, January 17, 2007)]
[Notices]
[Pages 2016-2017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-541]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Notice: 07-002]


No FEAR Act Notice

AGENCY: National Aeronautics and Space Administration.

ACTION: Notice to NASA employees, former NASA employees, and applicants 
for NASA employment regarding rights and protections available under 
Federal antidiscrimination and whistleblower protection laws.

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SUMMARY: This notice fulfills NASA's ``No FEAR Act Notice'' Federal 
Register publication obligations, as required by the Act and by the 
Office of Personnel Management implementing regulations at 5 CFR 
724.202.

DATES: This notice is effective the date of publication in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Brenda R. Manuel, Assistant 
Administrator for Diversity and Equal Opportunity, National Aeronautics 
and Space Administration, Suite 4W39, 300 E Street, SW., Washington, DC 
20546. Telephone: (202) 358-2167.

SUPPLEMENTARY INFORMATION: On May 15, 2002, Congress enacted the 
``Notification and Federal Employee Antidiscrimination and Retaliation 
Act of 2002'' which is now known as the No FEAR Act. One purpose of the 
Act is to ``require that Federal agencies be accountable for violations 
of antidiscrimination and whistleblower protection laws.'' Public Law 
107-174. In support of this purpose, Congress found that ``agencies 
cannot be run effectively if those agencies practice or tolerate 
discrimination.'' Public Law 107-174, Title I, General Provisions, 
section 101(1).
    The Act also requires Federal agencies, including the National 
Aeronautics and Space Administration (NASA), to provide this notice to

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Federal employees, former Federal employees and applicants for Federal 
employment to inform you of the rights and protections available to you 
under Federal antidiscrimination and whistleblower protection laws.

Antidiscrimination Laws

    The National Aeronautics and Space Administration cannot 
discriminate against an employee or applicant for Federal employment 
with respect to the terms, conditions or privileges of employment on 
the basis of race, color, religion, sex, national origin, age, 
disability, marital status or political affiliation. Discrimination on 
these bases is prohibited by one or more of the following statutes: 5 
U.S.C. 2302(b)(1), 29 U.S.C. 206(d), 29 U.S.C. 631, 29 U.S.C. 633a, 29 
U.S.C. 791 and 42 U.S.C. 2000e-16. If you believe that you have been 
the victim of unlawful discrimination on the basis of race, color, 
religion, sex, national origin or disability, you must contact an Equal 
Employment Opportunity (EEO) counselor within 45 calendar days of the 
alleged discriminatory action, or, in the case of a personnel action, 
within 45 calendar days of the effective date of the action, before you 
can file a formal complaint of discrimination with your agency. See, 
e.g., 29 CFR part 1614. If you believe that you have been the victim of 
unlawful discrimination on the basis of age, you must either contact an 
EEO counselor, as noted above, or give notice of intent to sue to the 
U.S. Equal Employment Opportunity Commission (EEOC) within 180 calendar 
days of the alleged discriminatory action. If you are alleging 
discrimination based on marital status or political affiliation, you 
may file a written complaint with the U.S. Office of Special Counsel 
(OSC) (see contact information below). In the alternative (or in some 
cases, in addition), you may pursue a discrimination complaint by 
filing a grievance through NASA's administrative or negotiated 
grievance procedures, if such procedures apply and are available.

Whistleblower Protection Laws

    A NASA employee with authority to take, direct others to take, 
recommend or approve any personnel action must not use that authority 
to take or fail to take, or threaten to take or fail to take, a 
personnel action against an employee or applicant because of disclosure 
of information by that individual that is reasonably believed to 
evidence violations of law, rule or regulation; gross mismanagement; 
gross waste of funds; an abuse of authority; or a substantial and 
specific danger to public health or safety, unless disclosure of such 
information is specifically prohibited by law and such information is 
specifically required by Executive Order to be kept secret in the 
interest of national defense or the conduct of foreign affairs. 
Retaliation against an employee or applicant for making a protected 
disclosure is prohibited by 5 U.S.C. 2302(b)(8). If you believe that 
you have been the victim of whistleblower retaliation, you may file a 
written complaint (Form OSC-11) with the U.S. Office of Special Counsel 
at 1730 M Street, NW., Suite 218, Washington, DC 20036-4505 or online 
through the OSC Web site--http://www.osc.gov.

Retaliation for Engaging in Protected Activity

    NASA cannot retaliate against an employee or applicant for 
employment because that individual exercises his or her rights under 
any of the Federal antidiscrimination or whistleblower protection laws 
listed above. If you believe that you are the victim of retaliation for 
engaging in protected activity, you must follow, as appropriate, the 
procedures described in the Antidiscrimination Laws and Whistleblower 
Protection Laws sections or, if applicable, the administrative or 
negotiated grievance procedures in order to pursue any legal remedy.

Disciplinary Actions

    Under the existing laws, NASA retains the right, where appropriate, 
to discipline an employee for conduct that is inconsistent with Federal 
Antidiscrimination and Whistleblower Protection Laws up to and 
including removal. If OSC has initiated an investigation under 5 U.S.C. 
1214, NASA is required under 5 U.S.C. 1214(f), to obtain approval from 
the Special Counsel to discipline employees for, among other 
activities, engaging in prohibited retaliation. Nothing in the No FEAR 
Act alters existing laws or permits NASA to take unfounded disciplinary 
action against a Federal employee or to violate the procedural rights 
of a Federal employee who has been accused of discrimination.

Additional Information

    For further information regarding the No FEAR Act regulations, 
refer to 5 CFR part 724. You may also contact NASA's Office of 
Diversity and Equal Opportunity at (202) 358-2167, or access NASA's 
Office of the Inspector General Web site at http://www.hq.nasa.gov/office/oig/hq/. Additional information regarding Federal 
antidiscrimination, whistleblower protection and retaliation laws can 
be found at the EEOC Web site--http://www.eeoc.gov and the OSC Web 
site--http://www.osc.gov.

Existing Rights Unchanged

    Pursuant to section 205 of the No FEAR Act, neither the Act nor 
this notice creates, expands or reduces any rights otherwise available 
to any employee, former employee or applicant under the laws of the 
United States, including the provisions of law specified in 5 U.S.C. 
2302(d).

Brenda R. Manuel,
Assistant Administrator for Diversity and Equal Opportunity.
[FR Doc. E7-541 Filed 1-16-07; 8:45 am]
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